Zhang v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 634

FEDERAL COURT OF AUSTRALIA

Zhang v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 634 Appeal from: Zhang v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 656

File number(s): QUD 321 of 2022

Judgment of: DOWNES J

Date of judgment: 12 June 2023

Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing judicial review application – where Administrative Appeals Tribunal affirmed decision of Minister's delegate to cancel Business Skills – Business Talent (Migrant) (Class EA) (Subclass 132) visas – whether misinterpretation of "genuine effort" in s 134(2) of the Migration Act 1958 (Cth) – whether residual discretion not to cancel visa miscarried – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 134

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346; [2004] FCAFC 340 Re Dhanjal and Minister for Immigration and Multicultural and Indigenous Affairs [2003] AATA 1120 Re Karim and Minister for Immigration and Multicultural and Indigenous Affairs [2006] AATA 56 Re Lie and Minister for Immigration and Multicultural and Indigenous Affairs (2004) 79 ALD 159; [2004] AATA 159 Re Liu and Minister for Immigration, Multicultural and Indigenous Affairs [2004] AATA 1397 Re Ng and Minister for Immigration and Multicultural and Indigenous Affairs [2003] AATA 299 Re Ong and Minister for Immigration and Multicultural and Indigenous Affairs [2003] AATA 178 Re Widjaja and Minister for Immigration and Multicultural and Indigenous Affairs [2003] AATA 380 Stolyar v Scott (Trustee) [2023] FCAFC 61